Chapter 8: The Indian Patent Matrix: Issues in Patent Amendment 2005
V.C. Vivekanandan INTRODUCTION The emergence of the World Trade Organization from the erstwhile GATT (General Agreement on Tariﬀs and Trade) marks a new watershed in international law and its impact on international trade and business. With 150 nations1 signing as members of the WTO, the organization and its agreements have set oﬀ unprecedented changes not just in the domain of international trade laws, but also in the domain of the national laws of the member states. The WTO has set diﬀerential deadlines and continuous deliberations to be compliant with the agreements for the member states. The agreements and rules of the WTO are oﬃcially negotiated by the representatives of the governments of the member countries. The table of contents of ‘The results of the Uruguay Round of multilateral trade negotiations: The legal texts’ is a daunting list of about 60 agreements, annexes, decisions and understandings. In fact, the agreements fall into a simple structure with six main parts: an umbrella agreement (the Agreement Establishing the WTO); agreements for each of the three broad areas of trade that the WTO covers (goods, services and intellectual property); dispute settlement; and reviews of governments’ trade policies.2 Yet the content and its impact on the public of the member states have brought several non-governmental organizations, public interest groups, academic experts and policy watchers to oppose these agreements in various degrees. The oﬃcial negotiating rounds at various venues around the world also serve as a venue for protestors of various interest...
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